in auto accident a car hit my left door.The police said I failed to yeild.Can I sue for personal injury?
Friday, December 4th, 2009 at
12:26 am
I wasn’t able to give my side of the story to the police i was taken away in an ambulance really quickly.Now, I’m listed at fault and in need of medical and legal help.
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Filed under: New York Herniated Disc Lawyer
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Unless you can show that the police report is at fault, your chances in a lawsuit are slim. If you were transported before the police spoke to you, then it sounds like a major impact collision. If you ran a red light or failed to stop for a stop sign, then you have no chance. Your insurance may cover your medical expenses but not your legal if you decide to sue. Either way, your premiums are going up. You should probably consult a lawyer no matter what.
You can always try to sue, but if the police report lists you as the at fault driver, your chances are slim.
Normally, the police do not rely on you giving ‘your side’, they base their judgment on the position of the vehicles, the skid marks, and other witnesses.
Yes, you can still sue even though you are technically "at fault" based on a failure to yield. In order to prevail in a lawsuit, you will have to convince a court that the accident was not your fault and that the police report was in error. You will have an uphill battle on this.
If the accident was deemed your fault then you will have a tough time convincing a jury that you should be awarded damages.